Why the Adversary System? Is it the best?

Why the adversary system? Should we be filled pride or skepticism about its use? The adversary system is under appreciated and its value is misunderstood by the public. As a result, it is often held in low regard. When each side is equally represented and  heard, it more often than not results in accurate assessments and outcomes. Then why the skepticism? Misinformation and propaganda by the wealthy and big business suggest that there are all kinds of crazy verdicts against the rich. No one hears when some poor person or working class citizen loses. There voice is not heard. There are very few places in this world where a handy man and a multi-millionaire can square off and be heard by everyday people to resolve their dispute. Absent the contingent fee contract such justice would be impossible for citizens. Corporations, doctors and insurance companies are financially able to hire big law firms and pay $500 plus per hour for an army of attorneys from a politically connected firm to carry their cause. There is no true equalizer in the criminal realm beyond our constitutional rights which many view as mere technicalities. Honestly who could compete against a government which has unlimited funds in a criminal trial. The government has well-trained investigators, experts and attorneys to pursue their position. If they want you badly enough it would be very hard to prevail without the adversary system and its many protections that try to balance the scales of justice. At the end of the day an innocent man’s best hope is to be physically free, but financially drained with a cloud hanging over his personal reputation.
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About Richard A. Cook

Richard Cook graduated from Purdue University in the Economics Honor Program in 1979 and obtained his Juris Doctor degree from Valparaiso University School of Law in 1982. Following law school, Richard served as a federal law clerk in the U.S. District Court for the Northern District of Indiana, Hammond Division. In 1984, Richard began working as Deputy Prosecutor for the Lake County Prosecutor's Office and from there, served as Assistant U. S. Attorney for the Northern District of Indiana, South Bend Division. There he handled a number of complex criminal matters and jury trials. While there, Richard received the Chief Postal Inspector's Special Award and a letter of commendation from the U.S. Attorney General for his work prosecuting a major money order fraud scheme being perpetrated out of the Indiana State Prison system. Since leaving the U.S. Attorney's office in 1989, Richard has focused primarily on civil work and is currently a member of the firm Yosha Cook & Tisch in Indianapolis. Richard is also a member of the ITLA, IBA and the ABA, as well as, a fellow for the American College of Trial Lawyers. He is AV rated by Martindale-Hubbell.

Posted on February 17, 2012, in Uncategorized and tagged , . Bookmark the permalink. Leave a comment.

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